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Poster: ramapith Date: Nov 29, 2009 10:46am
Forum: feature_films Subject: Re: What is a 'restoration' and is it grounds for ownership of PD materials?

"You can't claim: Blanket copyright on the original work or the original print by virtue of having created a new master."

I don't think anyone here has even considered claiming anything that silly. But I'm aware of at least one big studio having tried. Truth is stranger than fiction, Doc...

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Poster: yofitofu Date: Nov 29, 2009 11:35am
Forum: feature_films Subject: Re: What is a 'restoration' and is it grounds for ownership of PD materials?

This is extremely useful information. Thanks Cellar.

I wonder on the "b frame" issue, since that is an exact duplicate of a pre-existing frame, if this would constitute original creative work. If so, it could be a huge loophole which would allow archivists some latitude to claim copyright.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Nov 29, 2009 4:02pm
Forum: feature_films Subject: Re: What is a 'restoration' and is it grounds for ownership of PD materials?

I am unsure about the "b" frame issue also. However, I have seen it listed as a basis for a derivative work copyright claim on a registration lodged with the USCO. The things on the list are basis I have seen people claim copyright on. I suppose duplicating of existing frames would not be covered. However, creation (digital or manual) of new "in between" frames like the BBC does when restoring the 25fps kinoscopes of 50fps video. They digitally create unique "b" frames in order to remove the ghosting effect. But these are very special cases and simple duplicating of frames wouldn't apply.

There was one thing I forgot to mention, and I think it is something that has never been asked about on this forum at all. That is content encryption and content locking on dvds. It is illegal to use programs that unlock encrypted discs (DVD shrink, etc). So, if a PD content publsiher has released a film on DVD and that DVD is encrypted with a copy protection mechanism, copying can become a violation of the DMCA provisions (anti-circumvention). This is how studios commonly protect the restored/official PD work they release.

Encryption is not a basis for copyright claim, but it can be used as a way to legally protect pd dvds from unauthorised copying. The law does not state that the underlying properties have to be copyright for anti-circumvention to apply, only that content encryption or locking must be present and, of course, there will be some elements on every DVD that are the copyright property of the creator/publisher.

This post was modified by Video-Cellar on 2009-11-30 00:02:50

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Poster: Operateme Date: Jan 18, 2010 9:54am
Forum: feature_films Subject: Re: What is a 'restoration' and is it grounds for ownership of PD materials?

This is useful information. thank you so much
http://www.momyweb.com/forums/index.php

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